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1982 Supreme(Del) 190

SULTAN SINGH
MUMTAZ JEHAN – Appellant
Versus
INSHA ALLAH ALIAS NOOR JEHAN – Respondent


Advocates Appeared:
MOHINDER NARAIN, O.P.GUPTA, ZUBEDA BEGUM

SULTAN SINGH, J.

( 1 ) WHETHER Mst. Insha Allah alias Noor Jehan plaintiff /decree-holder/respondent No. 1 is entitled to actual possession of the immovable property allotted to her in the partition decree ? is the question for decision in this revision petition.

( 2 ) BRIEFLY the relevant facts are that the plaintiff filed a suit for partition and mesne profits with respect to properties detailed in Annexure a to the plaint against her step mother (Mst. Munawar Jehan defendant No. 1), two step sisters (Mst. Mumtaz Jehan and Mst. Altaf Jehan, defendants No. 2 and 3) and uncle (Abdul Hamid-defendant No. 4 ). She claimed 16172 share of the entire property. A preliminary decree for partition and rendition of accounts was passed. The plaintiff s share was held to be 16172. The local commissioner suggested vertical partition of the immovable property bearing Municipal No. 2086 Ward No. XI Gali Nahar Khan, Kucha Chelan, Daryaganj, Delhi by a line shown as P to P-1 in the plan Ex. C. W. I 14. The portions marked d on ground floor, b and p on first floor and a on second floor of the said property i. e. the eastern portion of the said line, was allotted to the plaintiff. The Commis














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